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navdeep (ABM)     03 July 2014

Investigation done in 498, what's ahead?

Respected Councils,

In my case SI came to our place 400km far (agra to dehradun) to investigate. He went to ganga snan, chandi devi temple etc. For the sake of investigation he asked few persons, everybody said truth that was in our favour. But then he came to my home and converted, started saying that they all said against you. give 50k your sis will be out of case, rest you three will be bailed on muchalka. We asked the copy of papers he didnt gave and went back. We didnt gave money. now on of the policeman calling and saying give 15k for sis name out.

My questions are-

What is process of 498 ahead? Will court issue summons after chargesheet or arrest warrants?

Will he submit chargesheet and we wil be immediately arrested?

do we get time to go for chargesheet quashing or not?

When should go for bail?

Kindly guide me at this crucial time please.


 13 Replies

R.Srinivasan (Advocate)     04 July 2014

Hi Navdeep,


Noted your contents. Please note that first you have to take AB for all members. Please check with Police officer that how many members are included in FIR or please consult with lawyer immediately. Without your counsel do not take any decision as you own. 498A is very dangerous. I hope you have not arrested by the police right?. The charge sheet will be applied after DP or Social welfare office investigated both parties and according to their report only police will file charge sheet to the court. Please ask your Lawyer to instruct police to direct your case to Social Welfare officer. According to their Opinion only Police should file the FIR within 30 days’ time. Until their Prima Facie not found on your case. Actually SC had given direction to the all Police higher officials to do not arrest with investigations. But now no one was following up the SC directions.

navdeep (ABM)     04 July 2014

i took HC order for stay on arrest till chargesheet. But as SI came to my place, there was no evidence of any violence or 498 everybody gave statements in our favour (all people known to us and not known to us),

but the SI came to our home and changed and started saying that they said i have beaten her, he started threatening us to arrest. Then he demanded 50k we asked for the copy of muchalka but he denied and went away. Now my fear is the false chargesheet if he files against us, what should i do?

there is no provision of AB in UP and uttrakhand.

Rocky Smith (Instructor @ Calcutta (     04 July 2014

Mr. Navdeep,


I did not understand your this point - "there is no provision of AB in UP and uttrakhand".


You can apply AB U/S 438 CrPC in High Court by filing in-person/by any relative of you/ by lawyer.


For that you need to justify the reason way do you need it. You can show SC guidance of arrest in 498A as citation. You have to show "List of Dates and Events" as circumstantial evidence in favor of your justification.


Please see my all posts bellow.

navdeep (ABM)     04 July 2014

yes sir this is i was told by lawyers. so we went for quash and stay on arrest but got till chargesheet filed. Now i fear false chargesheet as we have not given 50 k to IO.

Rocky Smith (Instructor @ Calcutta (     05 July 2014

Please don't worry, If he writes like that then file RTI by asking any bank transaction or cheque transfer by which this can be prove. Sample RTI is also in my above links.

1 Like

navdeep (ABM)     05 July 2014

But sir please resolve my query questions? how should i proceed???

Rocky Smith (Instructor @ Calcutta (     05 July 2014

File AB first.

Then file Speedy Trial.

Then file RTI and file petition u/s 91 CrPC for the same question in RTI.

If required file both Civil and Criminal Writ.

Sample petitions are there in my links. If possible file in-person.

1 Like

navdeep (ABM)     07 July 2014

Sir plz guide about rti to police

Rocky Smith (Instructor @ Calcutta (     08 July 2014

RTI sample petition is also available in my links. Please read each of my posts carefully.

T. Kalaiselvan, Advocate (Advocate)     09 July 2014

@Navdeep: The bribe demand by sI/IO may be ignored, if he is still insisting, send a letter to the DVAC police about his demand and follow further steps as guided by them. The IO nor anyone cannot do anything to you under such false cases, the threats will subsist only until you have not obtained aB hence obtain AB, face the court.  If you are confident that she has given complaint with total false allegations, better challenge he case in the court properly instead of worrying about such mediating nuisances i the name of SI of police. If there is no provision for AB in your state, you may file a petition u/s 482 Cr. P.C before high court and can  make an additional prayer to not to arrest in the event of dismissal of 482 petition. One antisocial element in the form of your wife has taken a false weapon of 498a against you and another anti-social element in the form of SI of police is demanding bribe of 50K, this is how our country is progressing.  But of course every beginning has its end.

1 Like

navdeep (ABM)     09 July 2014

Dear T. Kalaiselvan sir, Please tell what precautionary steps can i take before the case starts. As after FIR by 156(3) i went to HC for quash and stay, but got 41 crpc statements and order that no arrest should be done without chargesheet and court order. Now as the enquiry is going on and police is not cooperating what should i do?? Also a problem is that I am from dehradun and cases are at Agra.

T. Kalaiselvan, Advocate (Advocate)     09 July 2014

@Navdeep: in your case, don't worry about the police case, once the police files a charge sheet, they won't follow the case so strict and stringently.  It is for the PP to take care after that.  You can challenge and properly tackle all the issues by engaging a prudent and good criminal law practicing advocate.  You simply attend the investigation session by the police, since you have not to arrest order with you, the police will not torture beyond some point.  Keep in touch with your advocate always.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 July 2014

Let us be candid about it. What would chargesheet consist of?


It would have the statement of all relatives of the girls, the IO has lil or no control on what they say. Also, if there is a document like MLC etc. that IO can not discard. So what help is he going to give you in such case?


He is just trying to extract the money and I would urge not to give into any such demand.




Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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